The Bronx Defenders Our Projects - Marijuana Arrest Project

Bronx Defenders Fundamental Fairness Project Director Scott Levy appeared on HuffPost Live, hosted by Josh Zepps, earlier today together with Alberto Willmore, a New York teacher who lost his position after a marijuana arrest, to discuss the costs of marijuana arrests in New York City and The Bronx Defenders’ new report “The Hidden Tax: Economic Costs…

Mayor de Blasio wants to include ethnic and ­racial data on the NYPD’s new marijuana summonses — and allow people to pay fines by mail. The convenience would be similar to a system already in place for drivers who can get rid of parking tickets with a check and a stamp. “That’s a choice that…

Scott Levy, Project Director of The Fundamental Fairness Project at The Bronx Defenders, took part in a dynamic conversation surrounding the NYPD’s new marijuana policy on “Hot 97 Street Soldiers with Lisa Evers.” The radio program brought together drug policy experts, legal experts, law enforcement officials, and individuals with previous criminal justice involvement to discuss and debate…

Read our Executive Director Robin Steinberg’s op-ed on New York City’s new marijuana enforcement policy in New York Daily News: New York City cannot solve the problem of discriminatory and overly-harsh marijuana policing by cramming more people into the overburdened summons court system. This week, Mayor Bill de Blasio announced a new policy aimed at…

Anthony Welfare closely followed this week’s news that New York City no longer will bring criminal charges against people who are seen with small amounts of marijuana, as long as they are not smoking it in public. “I find that funny,” Mr. Welfare, 28, said. But not hah-hah funny. Not LOL funny. After seven years…

LAST year, the Bronx Defenders, which represents poor people in criminal court, tried to have suppression hearings in 54 cases involving marijuana possession. In such hearings, the police officer would have been required to testify about the circumstances under which the marijuana was found. If it was the result of an illegal search, the judge…

Monday saw two major legal developments in the so-called “war on drugs.” First, a judge in New York City ruled that the police department’s stop-and-frisk policy violated the Constitution in targeting a disproportionate number of blacks and Hispanics. Then, Attorney General Eric Holder announced the end of mandatory federal prison sentences for low-level, non-violent drug…

In his July 29, 2013 article, Ray Rivera suggests that Justice DiMango’s “blockbuster part” has provided meaningful relief for the backlog of cases in the Bronx criminal courts. Nothing could be further from the truth. While the judge’s efforts may have closed a handful of cases, focusing on felony trials alone misses the larger and…

Today, Emery Celli Brinckerhoff & Abady, LLC and The Bronx Defenders filed a civil rights lawsuit in federal court on behalf of five Bronx residents, charging the New York City Police Department (“NYPD”) with targeting Black and Latino communities for marijuana arrests and “manufacturing” misdemeanor crimes against residents in order to meet departmental quotas. All…

A special Bronx Defenders project—in which a Wall Street law firm was lined up to help those accused of misdemeanors after arrests resulting from questionable stop-and-frisk tactics by police—has reached a grim conclusion. Contrary to what the U.S. Constitution and New York state law requires, there is effectively no right to trial or meaningful court…

In New York City, marijuana is the most common reason for arrest, even though only possession of marijuana in public view is a crime. A dramatic spike in these arrests has accompanied the rise of the New York Police Department’s controversial stop and frisk tactic, and an equally controversial reported tactic of considering the marijuana…

The report, No Day in Court, finds that manufactured marijuana arrests, prosecutorial delay, and an overwhelmed court system all conspire against justice in the Bronx. New York – Today, The Bronx Defenders released a report that shows that people who are unconstitutionally arrested for marijuana possession every year are consistently denied meaningful access to justice in…

One man was walking home with groceries. Another was on a break from his job at a meat market. A third was walking down the street listening to headphones. That is when the men say police officers confronted them, sometimes violently, searched their clothing and discovered small amounts of marijuana, according to a federal civil…

LATE in the summer of 2011, police officers in New York City arrested a full-time college student named Luis in the lobby of his apartment building in the Bronx and charged him with two misdemeanor offenses, obstructing governmental administration and resisting arrest. Luis, though, wasn’t guilty of either — a fact supported by a video…

Francisco Zapata keeps a copy of the Constitution on his cellphone. So when the police stopped, frisked and charged him with misdemeanor marijuana possession, he wanted what that cellphone document promised. “I was under the assumption,” he said, “that if I kept going back to court, eventually I would get my day in court.” But…

New York City mayor Michael Bloomberg and NYPD commissioner Ray Kelly have backed legislation proposed by governor Andrew Cuomo that would reduce the penalty for possessing small amounts of marijuana in public view from a crime to a misdemeanor. Cuomo’s proposal is an attempt to reduce the number of people exposed to a criminal charge…

Bronx Defenders says 41% of those arrested for pot had their rights violated. In New York, possession of a small amount of marijuana is only a misdemeanor when the pot is displayed in public. When the substance is concealed, it becomes a violation punishable by a fine – even when an officer pulls the pot…

The New York State Legislature showed good sense when it exempted people convicted of low-level marijuana possession from having to submit DNA to the state database, unless they have been convicted of a previous crime. Still, the state must do more to curb the arrests of tens of thousands of people each year in New…

Police officers in New York are “manufacturing” criminal offenses by forcing people with small amounts of marijuana to reveal their drugs, according to a survey by public defenders. Nearly half of New Yorkers picked up for small amounts of marijuana possession in recent months were not displaying the drug before they were stopped, the study…

Data Shows Percentage of Wrongful Marijuana Arrests Rose After Kelly’s Order: Bronx Public Defenders WNYC By Ailsa Chang March 29, 2012 Public defenders in the Bronx said more than 40 percent of the marijuana arrests they investigated in their borough between May and October 2011 show violations of constitutional rights and problems with…

Despite a well-publicized police order instructing officers not to use bogus pretexts to justify marijuana arrests, New York City remains the pot-bust capital of the United States. Preliminary figures released in late November indicated a slight decline in arrests for misdemeanor possession of marijuana in the two months since Police Commissioner Ray Kelly told police…

Marijuana arrests in New York City are still high, but slowing down slightly. Police officers made 13 percent fewer arrests for low-level marijuana possession in public view after Police Commissioner Ray Kelly issued an order forbidding officers to arrest people for marijuana found in people’s clothes. But the dip in marijuana arrests hasn’t stopped allegations…

[This is the second part of a two-part series. Read the first part here.] Illegal searches are more common than people realize, but few end up getting challenged in court, law enforcement officials and defense attorneys say. Checks and balances within the criminal justice system are intended to ferret out improper arrests, but many defendants and…

Police arrest 140 people every day in New York City for possessing small amounts of marijuana. It’s now by far the most common misdemeanor charge in the city, and thousands of these arrests take place when police stop-and-frisk young men in the poorest neighborhoods. While police say these stop-and-frisks are a way to find guns,…